Saturday, February 20, 2016

COMPASSIONATE JUSTICE.



 "x x x.

1.     The Respondent is a senior citizen, turning 66 years old on May 2, 2016 (having been born on May 2, 1950).

2.   The Respondent humbly invokes the sense of COMPASSIONATE JUSTICE of this Honorable Office to revisit its questioned Resolution, in the interest of compassionate justice.

3.   By analogy, the Respondent hereby invokes the analogous spirit of the ruling of the Supreme Court in the case of PEOPLE OF THE PHILIPPINES vs. CORDENCIO CHATTO alias "DENDEN," SATURNINO DAGAYANON, AND SIX (6) OTHER JOHN DOES, CORDENCIO CHATTO, G.R. No. 102704, March 10, 1993, where it was held that  it is a basic rule in our criminal justice system that penal laws should be liberally construed in favor of the offender.  The said case stressed the doctrine of “compassionate liberality” in favor of  minors involved in serious crimes, which doctrine may be applied to senior citizens, too, such as the Respondent.

4.   In aforecited case, the Supreme Court, considering the gravity of the offenses and in the interest of justice, “allowed the presentation of and admitted the birth certificates of the accused to prove the mitigating circumstance of minority although said birth certificates were not presented or offered in the trial court”.

5.    The foregoing analogous decision of the Supreme Court should be applied to the herein Accused in the interest of compassionate natural justice and equity.


                                                                 x x x."